Ohio Residential Real Estate Purchase Agreement

Ohio Residential Real Estate Purchase Agreement, updated 7/12/19, 4:41 PM

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Purchaser’s Initials ______ Seller’s Initials _____
December 2015 © Toledo Bar Association
Residential Real Estate Purchase Agreement, Page 1 of 5





RESIDENTIAL REAL ESTATE PURCHASE AGREEMENT

Form approved by the Toledo Regional Association of REALTORS® and the Toledo Bar Association.
This is a legal Agreement. It is recommended that both parties secure the services of an attorney.

1. OFFER. The undersigned purchaser(s) ("Purchaser") offers to buy from the owner(s) ("Seller") the property described
below ("Property") on the terms contained in this offer (“Offer”). Upon delivery of the executed acceptance
("Acceptance"), this Offer shall become a legally binding contract ("Agreement").
2. PROPERTY.




Street Address
City, Village, Township
County
State
Zip

Parcel I.D.#




Legally described as:

The Property includes the land and all appurtenant rights, privileges and easements, all buildings and fixtures,
including without limitation, all of the following as are NOW on the Property: electrical, heating, cooling, plumbing,
bathroom mirrors and fixtures, awnings, screens, storm windows and doors, landscaping, disposals, TV antennas,
built-in electronics wiring, ceiling fans, smoke alarms, security systems, garage door openers and controls, attached
carpeting, and any of the following items that are checked:
ranges / ovens microwave ovens
dishwashers
kitchen refrigerators water softeners window air conditioners
satellite TV reception systems wall mounted
TV(s)
all existing window treatments
all existing fireplace equipment
washing machine and clothes dryer
affixed gas/oil tanks not including fuel therein unless otherwise agreed by the parties;
NOT Included:

3. PRICE. The Purchase Price shall be $ payable at Closing in cash, certified funds or wire
transfer in immediately available funds.
4. EARNEST MONEY. Purchaser has paid or shall pay earnest money to

,
which earnest money shall be applied toward the Purchase Price at Closing, in the amount of $ :

with this Offer (to be deposited in trust account upon Acceptance).

within three (3) days of Acceptance (to be deposited in trust account upon receipt).
5. FINANCING. This Agreement
is not
is conditioned upon Purchaser securing Conventional
FHA
VA
Other (if Other is selected, write in type of loan) financing within days after
Acceptance (the “Financing Contingency Period”). If this Agreement is conditioned upon financing and the number of
days in the preceding sentence is left blank, the Financing Contingency Period is thirty (30) days from the date of
Acceptance. Purchaser shall pursue such loan in good faith and with reasonable diligence. If a final clear to close for
the financing cannot be obtained by Purchaser during the Financing Contingency Period, either party may terminate
this Agreement by delivering written notice of termination to the other within three (3) days after the expiration of the
Financing Contingency Period and the termination procedures of Paragraph 21 shall apply.
6. CLOSING AND POSSESSION. Closing shall be held on or before , 20 ("Closing"), unless
extended as provided in this Agreement or by written mutual consent. Possession shall be granted
at Closing
days after Closing (rent free), subject to rights of tenants, if any, listed in Paragraph 28 or in the Leased
Property Addendum. If the Property is located in Lucas County, real estate taxes and assessments, both general and
special, shall be pro-rated in accordance with the "due and payable" method according to Lucas County Custom. If the
Property is located outside Lucas County, real estate taxes and assessments, both general and special, shall be pro-
rated in accordance with the
due and payable method or
lien method. If no method is specified, the proration shall
be in accordance with the due and payable method. The parties hereby expressly authorize any lender and/or closing
agent to provide the parties’ brokers, agents and attorneys with the closing settlement statement for review in advance
of Closing.
7. INSPECTIONS. Purchaser, at Purchaser's expense, shall have the right until the later of days after Acceptance
or until , 20 ("Inspection Period") to obtain inspections of the Property. Purchaser is encouraged
to obtain such inspections and is advised that inspections required by FHA, VA or lenders do not necessarily eliminate
the need for other inspections. Items specifically disclosed in this Agreement and in the Residential Property
Purchaser’s Initials ______ Seller’s Initials _____
December 2015 © Toledo Bar Association
Residential Real Estate Purchase Agreement, Page 2 of 5


Disclosure Form remain subject to Purchaser's inspection rights. The results of Purchaser’s inspections pursuant to
this Paragraph 7 are subject to the satisfaction of the Purchaser.

In the event Purchaser is not satisfied with the results of the inspections, Purchaser shall have the right to either:
(a) terminate this Agreement by notifying Seller in writing before the expiration of the Inspection Period of said
dissatisfaction; or
(b) notify Seller in writing before the expiration of the Inspection Period that Purchaser is not satisfied with the
results of the inspections but desires to attempt to negotiate a satisfactory resolution with the Seller to remedy
the inspection issues, whereupon Purchaser and Seller shall have a period of five (5) days after receipt of
written notice of dissatisfaction to agree upon a remedy satisfactory to Purchaser (the “Remediation Period”).
Purchaser shall have the right to terminate this Agreement by providing written notice to Seller at any time prior
to the earlier of: (i) the expiration of the Remediation Period; (ii) the execution by the parties of a written
amendment to this Agreement providing for a remedy to all unsatisfactory conditions; or (iii) Purchaser's written
waiver of its termination rights provided by this Paragraph 7. If Purchaser and Seller agree to remedy an
unsatisfactory condition of the Property, it is agreed that the remedy shall be performed in a good and
workmanlike manner prior to Closing and is subject to the reasonable satisfaction of Purchaser.
THE FAILURE OF PURCHASER TO NOTIFY SELLER OF PURCHASER'S DISSATISFACTION BEFORE THE
EXPIRATION OF THE INSPECTION PERIOD OR TO TERMINATE THIS AGREEMENT BEFORE THE END OF THE
REMEDIATION PERIOD, IF APPLICABLE, SHALL CONSTITUTE A WAIVER OF PURCHASER'S RIGHT OF
TERMINATION AND PURCHASER SHALL TAKE THE PROPERTY "AS IS."
During the Inspection Period, Purchaser and Purchaser's inspectors and contractors shall be permitted access to the
Property at reasonable times and upon reasonable advance notice to Seller. Purchaser shall be responsible for any
damage to the Property caused by Purchaser or Purchaser's inspectors or contractors during such inspections.
Purchaser may make a final "walk through" inspection of the Property within three (3) days prior to Closing to assure
that the condition of the Property has not been materially changed.
8. SEX OFFENDER REGISTRATION. This Agreement is conditioned upon Purchaser’s satisfaction with Purchaser’s
investigation of public records available pursuant to any applicable sex offender registration and/or notification laws
within five (5) days from Acceptance. In the event that Purchaser’s investigation uncovers unsatisfactory information,
Purchaser may terminate this Agreement prior to the expiration of the five (5) day investigation period and the
termination procedures of Paragraph 21 shall apply.
9. APPRAISAL. This Agreement is conditioned upon the Property appraising by Purchaser’s lender or an appraiser of
Purchaser’s choice at no less than the Purchase Price by the later of the expiration of the Financing Contingency
Period or the Inspection Period. If no appraisal is obtained within the stated time period, this condition is waived and no
longer a part of the Agreement. If the Property fails to appraise at or above the Purchase Price, Purchaser may
terminate this Agreement prior to the expiration of the applicable time period and the termination procedures of
Paragraph 21 shall apply.
10. PROPERTY INSURANCE. If homeowner’s insurance cannot be obtained, or can be obtained only at a higher than
standard rate due to the condition or claims history of the Property, then the Purchaser may terminate this Agreement
by providing written notice to Seller by the later of the expiration of the Financing Contingency Period or the Inspection
Period, and the termination procedures of Paragraph 21 shall apply.
11. SPECIAL FLOOD HAZARD AREA. If the Property is determined to be in a Special Flood Hazard Area, as determined
by the current Flood Maps published by the Federal Emergency Management Agency, Purchaser may terminate this
Agreement by providing written notice to Seller by the later of the expiration of the Financing Contingency Period or the
Inspection Period, and the termination procedures of Paragraph 21 shall apply.
12. HOME WARRANTY. Seller
shall
shall not be required, at Seller’s expense, to provide Purchaser a one (1) year
home warranty issued by at a cost not to exceed $ . This warranty does
not cover known pre-existing conditions. This warranty does not preclude the need for nor act as a substitute for any
inspections of the Property as set forth in Paragraph 7.
13. CONDITION OF PROPERTY. Except as previously disclosed in writing to Purchaser, Seller has no knowledge of any
underground tanks, faulty major appliances, faulty electrical, plumbing, heating, cooling, sewer, septic, well or water
systems, structural or chimney defects, hidden or latent defects (including leakage or water seepage) in the Property.

EXCEPT:



Purchaser acknowledges that, subject to Purchaser's inspection rights in Paragraph 7, Purchaser is purchasing the
Property in its present "as is" and "where is" condition, including any defects or problems specified in this Agreement
or that have been otherwise disclosed in writing by Seller. NOTICE: Ohio Revised Code Sec. 5302.30 requires most
sellers to complete a "Residential Property Disclosure Form.
Purchaser’s Initials ______ Seller’s Initials _____
December 2015 © Toledo Bar Association
Residential Real Estate Purchase Agreement, Page 3 of 5


14. SPECIFIC DISCLOSURES: In addition to the representations of Seller elsewhere in this Agreement, Purchaser has
relied on the following additional specific disclosures and/or representations. (IF NONE, WRITE "NONE")




15. DEED. Seller shall convey to Purchaser marketable title to the Property in fee simple by transferable and recordable
general warranty deed with proper release of dower, if any, or fiduciary deed, whichever is appropriate, free and clear
of all liens and encumbrances, except (a) those items excepted in Paragraph 17 and (b) taxes and assessments not
due and payable until after the date of Closing.
16. PRORATIONS AND CLOSING COSTS. Seller shall pay all taxes and assessments, both general and special, due
and payable as of the date of Closing. Taxes and assessments, both general and special, shall be prorated as of the
date of Closing in accordance with the method specified in Paragraph 6. In prorating taxes, the latest available rates
and valuations shall be used. Agricultural tax recoupment, if any, shall be paid by Seller. Rentals, condominium fees,
homeowner association fees, and interest on mortgages assumed by Purchaser shall be prorated to the date of
Closing. Seller shall pay the conveyance fee. Seller and Purchaser shall pay their respective share of closing agent's
closing fees.
17. TITLE. Seller shall furnish Purchaser a commitment for an ALTA Homeowners Policy of Title Insurance (or an ALTA
Owner’s Policy of Title Insurance when the ALTA Homeowners Policy of Title Insurance is not applicable for issuance
on the transaction), in the amount of the Purchase Price, from a title company of Purchaser’s choosing. Such title
evidence shall be prepared and issued by _________________________. Seller shall pay the state filed title premium
for the applicable ALTA Homeowners/Owners Policy that is issued at Closing. Purchaser shall pay all other title
premiums and costs, in excess of the applicable ALTA Homeowners/Owners Policy premium, including but not limited
to all lender required title insurance premiums and endorsements, the title commitment, and the title search/exam cost.
The title commitment shall be continued to the date of Closing and shall show record title to be marketable in the name
of Seller, free and clear from material defects, liens and encumbrances, except (a) those created or assumed by
Purchaser, (b) those specifically set forth in this Agreement, (c) those liens and mortgages that will be released at (or
before) Closing and removed from title, (d) rights of tenants specifically disclosed to Purchaser in Paragraph 28 or the
Leased Property Addendum, (e) zoning ordinances, (f) legal highways, and (g) restrictions and utility easements of
record (unless they unreasonably interfere with the location of existing buildings, the present use of the Property, or
uses which Purchaser has disclosed to Seller in writing). If the title evidence reveals any other title defect(s), Seller
shall have thirty (30) days after demand by Purchaser to remove such defect(s) and Closing shall be delayed
accordingly. If Seller is unable or unwilling to remove the defect(s), Purchaser may accept title subject to such
defect(s) or may terminate this Agreement and the termination procedures in Paragraph 21 shall apply. The parties
recognize and understand that an ALTA Homeowners/Owners Policy is an optional form of insurance to
protect the Purchaser from covered title issues relating to the Property.
18. SELLER'S REPRESENTATIONS. Seller represents that with respect to the Property (a) no orders of any
governmental authority are pending, (b) no work has been performed or improvements constructed that may result in
future assessments, (c) no notices have been received from any public agency with respect to condemnation or
appropriation, change in zoning, proposed future assessments, correction of conditions or other similar matters, (d)
unless disclosed in Paragraph 28 or the Leased Property Addendum, there are no tenants in possession of the
Property nor any persons who have tenancy rights to any portion of the Property, and (e) to the best of Seller's
knowledge, no toxic, dangerous or other hazardous substances have been released on or from the Property and no
other adverse environmental conditions affect the Property. Seller further represents that title to any personal property
included in the Property being sold to Purchaser is free, clear and unencumbered, and that Seller's marital status is as
indicated next to Seller's signature on the signature page of this Agreement.
19. PURCHASER'S ACKNOWLEDGEMENTS. Purchaser acknowledges that (a) Purchaser has examined the Property,
(b) Purchaser has the opportunity to obtain additional inspections, (c) Seller has not made any representations
concerning the Property upon which Purchaser has relied, except as specifically set forth in this Agreement, (d) unpaid
water and sewer bills may become a future lien against the Property, and (e) Seller's representations contained in
Paragraph 13 and 18 are based on Seller's actual knowledge and do not constitute a warranty concerning the
condition of the Property.
20. BROKERAGE DISCLAIMER. Purchaser and Seller acknowledge that no broker or agent involved in this transaction
has made any representations concerning the Property upon which Purchaser or Seller has relied, except as
specifically set forth in this Agreement. Purchaser and Seller acknowledge that said broker(s) and agent(s) are not
experts with regard to certain matters, including, but not limited to, conditions which could be revealed through a
survey of the Property, title evidence for the Property, the physical condition of the Property, the necessity for repairs
to the Property, the cost of repairs to the Property, building materials and/or construction techniques, the current or
future fair market value of the Property, mold, mortgage financing, and/or the legal or tax consequences of the
Purchaser’s Initials ______ Seller’s Initials _____
December 2015 © Toledo Bar Association
Residential Real Estate Purchase Agreement, Page 4 of 5


transaction contemplated by this Agreement. Purchaser and Seller acknowledge they should seek independent expert
advice if any such matters are of specific concern to them. Purchaser and Seller further acknowledge that said
broker(s) may receive a minimal fee for services rendered in the marketing or administering the sale of the home
warranty plan as provided in Paragraph 12, and that there are other providers available, in addition to the provider(s)
listed in Paragraph 12 above, offering similar home warranty services. Broker(s) are hereby expressly authorized to
provide information to third parties concerning any Seller concessions or other consideration that is a part of this
Agreement but not reflected in the Purchase Price.
21. TERMINATION PROCEDURES. If the final Offer is not accepted, all deposits shall promptly be returned to Purchaser.
In the event the final Offer is accepted and becomes an Agreement and (a) the title is not marketable, (b) Purchaser
elects to terminate this Agreement as set forth in Paragraph 5, 7, 8, 9, 10, 11, 17 and/or 27 or (c) any of the
contingencies are not met or waived and Purchaser or Seller notifies the other within the applicable time period of such
party's desire to terminate this Agreement, all deposits shall promptly be returned to Purchaser. In the event of default
by either Purchaser or Seller, the other party may pursue any legal or equitable remedies against the party in default,
including but not limited to specific performance. If the deposit is held by a broker it is understood that the broker shall
comply with all rules of the Ohio Division of Real Estate. In the event of a dispute between Seller and Purchaser
regarding the disbursement of the earnest money, the broker is required by Ohio law to maintain such funds
in its trust account until the broker receives (a) written instructions signed by both parties specifying how the
earnest money is to be disbursed, or (b) a final court order that specifies to whom the earnest money is to be
awarded. If, within two (2) years from the date the money was deposited in the broker’s trust account, the parties have
not provided the broker with such signed instructions or written notice that such legal action to resolve the dispute has
been filed, the broker shall return the earnest money to Purchaser with no further notice to Seller.
22. PROPERTY MAINTENANCE AND UTILITIES. Seller shall maintain the Property, including improvements, lawn,
shrubs, trees, plumbing fixtures, electrical wiring, furnaces, and other mechanical equipment (including major
appliances such as refrigerators, stoves, garbage disposals, etc.) in its present condition pending Closing and transfer
of possession, normal and reasonable wear excepted. Seller shall be responsible for maintaining fire and extended
coverage insurance on the Property until Closing. Seller shall pay for all utilities to date of transfer of possession and
shall notify Purchaser of the date for final readings in order to avoid termination of utility service. This obligation shall
survive Closing. Seller shall pay for any repairs or replacements of plumbing, gas or electrical facilities required by the
utility provider at the time of transfer of utility services.
23. RISK OF LOSS. Risk of loss to the Property from fire or other casualty shall be borne by Seller until Closing. If any
buildings or other improvements are materially damaged or destroyed by reason of fire or other casualty prior to
Closing, Purchaser shall have the option to (a) complete said purchase and to receive the proceeds of any insurance
payable in connection therewith or (b) terminate this Agreement and recover all deposits made hereunder.
24. GENERAL PROVISIONS. The following provisions apply to all paragraphs of this Agreement: (a) upon Acceptance,
this Agreement shall be binding upon each of the parties and their respective heirs, legal representatives, successors
and assigns; (b) this Agreement shall not be assigned by Purchaser without the prior written consent of Seller, which
consent shall not be unreasonably withheld; (c) the term "Agreement" as used herein means this Residential Real
Estate Purchase Agreement and all addenda, exhibits and amendments thereof; (d) this Agreement shall be governed
and interpreted by the laws of the State of Ohio; (e) time is of the essence in the interpretation and implementation of
this Agreement; (f) by signing this Agreement, Purchaser represents that all Purchasers are of legal age and capacity
and have authority to enter into this Agreement; (g) by signing this Agreement, Seller represents that all Sellers are of
legal age and capacity, have sole and complete authority to enter into this Agreement and to sell the Property and that
the consent or approval of no other person or entity is required; (h) unless otherwise specified herein, all provisions of
this Agreement shall survive Closing; (i) this Agreement may be executed in counterparts, each of which shall
constitute an original; a fax or scanned copy shall constitute an executed original counterpart; (j) this Agreement
may
may not be executed by the parties, or either of them, by electronic signature created through any program
adopted and approved by the Toledo Regional Association of REALTORS® (if neither option is selected, then this
Agreement may be executed by electronic signature by the parties, or either of them); (k) any notices required by this
Agreement shall be in writing and shall be delivered personally, by U.S. mail, postage prepaid, by facsimile, or by e-
mail, and shall be deemed to be given upon actual receipt or two (2) days after mailing, whichever first occurs; (l)
receipt of any notice required by this Agreement by the agent of any party to this Agreement, shall be deemed receipt
of the notice by that party; (m) unless expressly specified to the contrary herein the term "days" shall mean calendar
days; and (n) this Agreement contains the entire agreement between the parties and there are no agreements,
representations or warranties, oral or written, which are not set forth herein.
25. APPROVED FORM. This form of Residential Real Estate Purchase Agreement has been approved by the Toledo
Regional Association of Realtors and the Toledo Bar Association as a standard form to use for sales and purchases of
Purchaser’s Initials ______ Seller’s Initials _____
December 2015 © Toledo Bar Association
Residential Real Estate Purchase Agreement, Page 5 of 5


residential property in the Toledo, Ohio metropolitan area. Changes to the standard form to adapt it to individual
transactions must be clearly visible and must be made by clearly identifiable additions to or marks on the form as
printed or typed in its entirety. No changes, omissions or additions to the printed form may be made without the prior
written approval of the Toledo Regional Association of Realtors and the Toledo Bar Association, except within space
immediately below Paragraph 28 of this Agreement.
26. ADDENDA. The following addenda are made a part of this Agreement only if checked:
Buyer
Short Sale
FHA or VA Mortgage
Leased Property Closing Affidavit
Association
Land Contract Other:


27. ATTORNEY'S REVIEW. This Agreement is subject to rescission in writing by Purchaser and Seller after review
by their respective attorneys within 3 days after Acceptance (excluding Saturdays, Sundays and federal
holidays). FAILURE TO RESCIND WITHIN SUCH PERIOD SHALL CONSTITUTE A WAIVER OF THE RIGHT OF
RESCISSION.
28. ADDITIONAL TERMS (the following terms have NOT been preapproved by the Toledo Regional Association of
REALTORS® or the Toledo Bar Association, even if preprinted in this form, and are unique to this Agreement).















TIME LIMIT OF OFFER: This Offer, made on , 20 , remains open for acceptance until
, 20 at
a.m.
p.m. In the event this offer is countered, this time limit shall no longer apply.
ALL CHANGES TO ORIGINAL OFFER AND/OR THIS PRINTED AGREEMENT MUST BE INITIALED AND SHOULD
BE DATED BY SELLER AND PURCHASER.
ACCEPTANCE: Acceptance of the Offer, without change, has been delivered this day of , 20 and
acknowledged by . (Failure of the parties or their agents to
endorse this section upon final delivery of acceptance, while encouraged, shall not affect the validity of this Agreement.)





Purchaser's Signature Date
Seller's Signature Date




Printed Name of Purchaser (Marital Status)
Printed Name of Seller (Marital Status)




Purchaser's Signature Date
Seller’s Signature Date




Printed Name of Purchaser (Marital Status)
Printed Name of Seller (Marital Status)




Purchaser's Address
Seller's Address
Phone #

Phone #

E-Mail

E-Mail

Purchaser’s Attorney:

Seller’s Attorney:

Selling Broker/Agent:

Listing Broker/Agent:

Selling Broker License #

Listing Broker License #

Selling Agent License #

Listing Agent License #

Selling Agent Contact Information:
Listing Agent Contact Information:
Phone #

Phone #

Fax #

Fax #

E-Mail

E-Mail

RECEIPT OF DEPOSIT
RECEIVED WITH OFFER $

Cash Check BY:
Date:
RECEIVED UPON ACCEPTANCE $

Cash Check BY:
Date: